Many married couples are surprised to learn that they will only inherit a portion of their spouse’s estate, in the absence of proper planning. While jointly-titled assets will belong to the surviving spouse, assets titled in a spouse’s sole name will pass through probate.

For a married couple with children, the surviving spouse will only inherit 50% of the net estate. If the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent, and the decedent left a surviving child, the surviving spouse will inherit only 25% of the fair market value of any real estate and 50% of any remaining assets.

You can decide specifically what your spouse will inherit through a will or trust. If you fail to plan, the State's default inheritance plan will determine distribution.